Settlement of unfair dismissal cases

Once a settlement has been reached of an unfair dismssal case it is all nigh impossible for a party to re-open the case no matter how legitimate may the party’s concedrns about the settlement may be.

“Section 587(1)(c) of the Act provides that the Commission may dismiss an application

that has no reasonable prospects of success. In my view, Mr Rajput’s unfair dismissal

application cannot succeed because he agreed to settle it for a gross payment of $30,000. The

settlement agreement is a complete answer to his application. It cured any unfairness in his

dismissal. It is well established that the Commission may have regard to settlement agreements

in considering whether to dismiss an application under s 587 of the Act (see Australian Postal

Corporation v Gorman [2011] FCA 975 at [31]-[33]). The application has no reasonable

prospect of success. It is appropriate to dismiss the matter under s 587(1)(c), and I do so.”


Rajput v QAL Technologies Pty Ltd [2023] FWC 2617 delivered 10 October 2023 per Colman DP